By: Shapiro S.B. No. 1892
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the requirement that the legislature prescribe an
1-2 educational program for public school students that provides for a
1-3 general diffusion of knowledge.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 4, Education Code is amended by adding
1-6 Section 4.003 to read as follows:
1-7 Section 4.003. BASIC PROGRAM OF EDUCATION. (a) It being
1-8 the constitutional duty of the Legislature of the State to
1-9 establish a system of public free schools, the legislature shall
1-10 determine and establish a basic program of education for all public
1-11 elementary and secondary schools. (b) Any determination of
1-12 education standards made under this section shall be sufficient to
1-13 provide for a general diffusion of knowledge as required by Article
1-14 7 of the Texas Constitution. (c) Notwithstanding any other
1-15 requirement under the Education Code, the standards determined
1-16 under this section, Section 42.001 and Section 42.002 shall
1-17 constitute the entire duty of the legislature to provide for a
1-18 basic program of education as defined in Section 1, Article 7 of
1-19 the Texas Constitution. (d) Notwithstanding sections 4.001 and
1-20 4.002, in making a determination under subsection (a), the
1-21 Legislature shall consider only those elements of education
2-1 necessary to provide a basic program of education. (e) At least
2-2 once within three years after the decennial census has been
2-3 completed, the Legislature shall make and complete the requirements
2-4 of subsection (a). (f) Nothing in this section shall preclude or
2-5 prevent a school district from adopting a program that exceeds the
2-6 basic program as defined in subsection (a).
2-7 SECTION 2. Chapter 42, Education Code is amended to read as
2-8 follows:
2-9 Sec. 42.001. State Policy. (a) It is the policy of this
2-10 state that the provision of public education is a state
2-11 responsibility and that a [thorough and efficient system] basic
2-12 program be provided and [substantially] completely financed through
2-13 state revenue sources so that each student enrolled in the public
2-14 school system shall have access to [programs and services that are
2-15 appropriate to the student's educational needs and that] a basic
2-16 program of education which is [substantially] equal to those
2-17 available to any similar student, notwithstanding varying local
2-18 economic or socio-economic factors. (b) Having prescribed a basic
2-19 program of education, the legislature shall completely fund the
2-20 cost of the determinations made under Section 4.003. Along with
2-21 section 4.003, this section will constitute the duty of the
2-22 Legislature under Section 1, Article 7 of the Texas Constitution.
2-23 (c) Notwithstanding subsection (b), the public school finance
2-24 system of this state shall adhere to a standard of neutrality that
2-25 provides for substantially equal access to similar revenue per
3-1 student at similar tax effort, considering all state and local tax
3-2 revenues of districts after acknowledging all legitimate student
3-3 and district cost differences.
3-4 SECTION 3. Sec. 42.002. Purposes of Foundation School
3-5 Program. (a) The purposes of the Foundation School Program set
3-6 forth in this chapter are to guarantee that each school district in
3-7 the state has: (1) [adequate] all resources necessary to provide
3-8 each eligible student a basic instructional program, as determined
3-9 under Section 4.003, and facilities [suitable to the student's
3-10 educational needs; and (2) access to a substantially equalized
3-11 program of financing in excess of basic costs for certain services,
3-12 as provided by this chapter.] (b) The Foundation School Program
3-13 [consists of] provides for[: (1) two tiers that in combination
3-14 provide for: (A)] (1) sufficient financing for all school
3-15 districts to provide a basic program of education as determined
3-16 under Section 4.003, that is rated academically acceptable or
3-17 higher under Section 39.072 and meets other applicable legal
3-18 standards; and [(B) substantially equal access to funds to
3-19 provide an enriched program and additional funds for facilities;
3-20 and] (2) a facilities component. (c) Nothing in this Section
3-21 precludes a school district from adopting a program which exceeds
3-22 the basic program defined under Section 4.003 except that funding
3-23 for any program that exceeds the basic program defined in Section
3-24 4.003 shall not be financed through state revenue sources.
3-25 SECTION 4. This act takes effect January 1, 1998, but only
4-1 if the constitutional amendment requiring the Legislature to
4-2 prescribe an educational program and provide adequate funding to
4-3 provide for a general diffusion of knowledge is approved by the
4-4 voters. If that amendment is not approved by the voters, the Act
4-5 has no effect.
4-6 SECTION 5. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.